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66th Congress, I HOUSE OF REPRESENTATIVES. 1 5 EP P R R T 
1st Session. f ' No. 425. 



ADDITIONS TO OREGON, SIUSLAW, AND CRATER 
NATIONAL FORESTS, OREG. 



October 28, 1919. — Committed to the Committee of the Whole House on the state 
of the Union and ordered to be printed. 



Mr. Sinnott, from the Committee on the Public Lands, submitted 

the following 

REPORT. 

[To accompany H. R. 8028.] 

The Committee on the Public Lands, to whom was referred the 
bill (H. R. 8028) to add to the Oregon, Siuslaw and Crater National 
Forests in Oregon certain tracts of lands for the protection of the 
water supply of the cities of Ashland, Corvallis, Dallas, and Oregon 
City, having carefully considered the same, report the bill back to 
the House, with certain amendments, with the recommendation that 
as amended the bill do pass. 

The committee offered the following amendments: 

On page 2, line 7, after the word "Forests" insert the following: 
"subject to all laws affecting national forests." 

On page 3, line 17, strike out the words "Forest Service, Depart- 
ment and insert in lieu thereof the word "Secretary." 

On page 3, line 20, strike out the words "Forest Service" and 
insert in lieu thereof the word "Secretary." 

On page 3, line 18, strike out the word "sold" and insert in lieu 
thereof the word "cut." 

On page 3, line 21, strike out the words "sell and," also the words 
"to the highest bidder." 

In the title of said bill, in line 1, strike out the words "reserve as 
parts of" and insert in lieu thereof the words "add to." 

In the last line of said title, change the period following the word 
"States" to a comma and add the following words: "and for other 
purposes." 

The lands which it is proposed to add to these national forests are 
small areas of the lands formerly granted to the Oregon & California 
Railroad Co., but which were revested in the United States by an 



2 ADDITIONS TO NATIONAL FORESTS. -Oj /) 5 

^ i9 
act of Congress approved June 9, 1916 (39 Stat. L., 218-223), pur- 
suant to a decision of the Supreme Court of the United States rendered 
June 21, 1915 (238 U. S., 303-439). 

The cities mentioned in the bill own their water systems, and have 
constructed pipe lines of considerable length to the intakes in the 
mountains from which their water supplies are derived, in order to 
obtain an adequate quantity of pure water for the use of their citi- 
zens. Each city is confined to its present source of supply for the 
reason that there is no other source from which it can secure water 
from mountain streams. The lands which the bill proposes to add 
to the natural forests are intermingled with other lands from which 
they obtain water, and are absolutely necessary in order to provide 
an adequate amount of pure water. These lands are largely forested. 
If they are cut over and burned over, as a natural consequence the 
water supplies will become contaminated, the quantity now avail- 
able during the summer seasons will be greatly reduced, and the regu- 
larity of flow will be seriously impaired; instead of being stored in 
the mountains for summer use, as it now is, by percolation into 
natural reservoirs, if the natural forest cover is destroyed, the 
precipitation will run rapidly from the areas deprived of such cover 
and be wasted. Some of the cities, and especially Corvallis, the seat 
of the Oregon Agricultural College, suffer now from a scarcity of 
water in unusually dry summers. 

These cities have made municipal improvements, including paving, 
construction of sewers and of the water systems, and for other 
municipal purposes, and have issued bonds to provide payment 
therefor to such an extent that they have practically reached the 
legal limit of indebtedness, and for the present are not in a position 
to purchase these lands. 

There is precedent for this action. One precedent arises in con- 
nection with these same Oregon & California lands. Congress passed 
an act approved October 21, 1918, by which it added to the Oregon 
National Forest an aiea of about 11,000 acres, which largely exceeds 
the total of the areas described in this bill, for the protection of the 
water supply of the city of Portland, Oreg. (40 Stat. L., 1015.) 

The Secretary of Agriculture submitted in connection with that 
transfer the following report: 

Department op Agriculture, 

Washington, August 5, 1918. 
Hon. Scott Ferris, 

Chairman Committee on Public Lands, House of Representatives. 
Dear Mr. Ferris: Receipt is acknowledged of a copy of the bill H. R. 6971, "To 
reserve as a part of the Oregon National Forest certain lands that were revested in the 
United States pursuant to the decision of the Supreme Court of the United States in 
the case of the Oregon & California Railroad Co. against the United States," together 
with a letter to you from Hon. C. N. McArthur and a report upon the measure made 
by the Secretary of the Interior. In your letter you request that this department 
send such suggestion as it may desire to make. 

As indicated by its title, the bill proposes that somewhat less than 11,000 acres of 
lands formerly granted the Oregon & California Railroad Co., and which have become 
revested in the United States, be made a part of the Oregon National Forest. In the 
report made by the Interior Department it is shown that the purpose of this addition 
is to help preserve the purity of the water used by the municipality of Portland, 
Oreg. , ... 

About 30 years ago the officials and citizens of the city of Portland, realizing the 
importance of protecting the watershed used by the municipality, sought to have 
approximately six townships in what is now the Oregon National Forest reserved 
from entry- and disposition. This embraced the land through which the Bull Run 

©; it*. 

ftf Vi 1920 



ADDITIONS TO NATIONAL FORESTS. 3 

River and its tributaries extends from Bull Run Lake close to the Cascade Divide, 
westerly toward the city of Portland. This effort resulted in the proclamation of June 
17, 1892, which established this area as the Bull Run Forest Reserve. In an en- 
deavor to grant further protection to this area Congress passed the act of April 28, 
1904 (33 Stat., 526), which prohibits grazing and trespass upon the Bull Run area and 
excludes all persons therefrom, except forest officers and Federal and State officials, 
and employees of the Portland water board in the discharge of their duties. 

Prior to the reservation of this land in 1892 the Oregon & California Railroad Co. 
made selections in what is now the Bull Run area of alternate sections of land. These, 
as stated by the Secretary of the Interior, comprise 10,760.73 acres. Checkerboard 
fashion, they extend over much of the eastern point of the Bull Run Reservation 
and lie, for the most part, on the Bull Run drainage. Prior to the passage of the act 
of June 9, 1916 (39 Stat., 218), which revested them in the Government, title to these 
areas was in the railroad company. While the lands were in railroad ownership 
neither this department nor the city officials had any jurisdiction whatever to admin- 
ister them. They therefore presented an opportunity for contamination of the water- 
shed, which could not be prevented except through the courtesy of the railroad. 

The city officials of Portland have always jealously guarded this watershed to pre- 
vent pollution of the water supply, and this department has given every possible 
aid in protecting and administering the Bull Run watershed, recognizing always 
that the highest use of these lands was for municipal watershed purposes. While all 
parts of these 0. & C. lands are not directly on the drainage of the Bull Run River, 
their administration in connection with the watershed is highly essential. Without 
it, adequate protection from fire or use could not be maintained. Furthermore, in 
addition to the lands which lie on the watershed of Bull Run River, some of them are on 
the drainage of the Little Sandy River. Although at the present time the Portland 
city water supply is obtained wholly from Bull Run River, it is understood that more 
comprehensive plans are contemplated by the city officials which will take in the 
waters from the Little Sandy. To permit any of these lands to be disposed of under 
the terms of the act of June 9, 1916, would no doubt interfere with the city's plan for 
a permanent future water supply. 

For the most part these lands are rough and mountainous, too steep for cultivation, 
and their principal use will always be for timber production or watershed protection. 
They are similar in this respect to the other lands within the Bull Run Reservation. 
This department feels that all of the railroad lands within the Bull Run area, which 
have become revested in the United States, should be added to the forest as a measure 
of protection for the water supply of the city of Portland, and therefore approves the 
bill in its present form. 
Very truly, yours, 

D. F. Houston, Secretary. 

This committee reported favorably on a similar bill, H. R. 12770, 
in the third session of the Sixty-fifth Congress on January 2, 1919, 
Report No. 883. The pending bill differs from the former bill only 
in the inclusion of provision for the city of Ashland, and in a slightly 
different arrangement in the interest of clearness. 

The Secretaries of Interior and Agriculture have submitted favor- 
able reports upon the measure, and on the measures pending in the 
preceding Congress for the same purpose, as follows: 

Department of the Interior, 

Washington, August 21, 1919. 
Hon. N. J. Sinnott, 

Chairman Committee on the Public Lands, 

House of Representatives. 

My Dear Mr. Sinnott: In response to your request therefor, report is made on 
H. R. 8028, as follows- 

Said bill, entitled "A bill to reserve as parts of the Oregon, Siuslaw, and Crater 
National Forests in Oregon certain lands that were revested in the United States 

Pursuant to the decision of the Supreme Court in the case of the Oregon ana California 
-ailroad Company against the United States," proposes to add to said forests certain 
lands described therein for the conservation and protection of the water supplies of 
the cities of Oregon City, Dallas, Corvallis, and Ashland, Oreg., which are within 
the limits of the grant by the United States to the Oregon & California iiailroad Co., 
and the title to which was revested in the United States by the act of June 9. 1916 
(39 Stat., 218). 



4 ADDITIONS TO NATIONAL FORESTS. 

The tracts described in the bill which are proposed to be reserved for the benefit of 
Oregon City, Dallas, and Corvallis were the subject of legislation proposed in H. R. 
12770, Sixty-fifth Congress, upon which a report was made by me October 4, 1918, 
recommending the approval of the bill upon its amendment as therein indicated. 
A copy of said report is hereto attached. The tracts described in the bill which are 
proposed to be reserved for the benefit of the city of Ashland, Oreg., were the subject 
of legislation proposed in H. R. 11550, Sixty-fifth Congress, upon which a report was 
made by me January 11, 1919, in which it was stated that with the amendments 
suggested the bill met with my approval. A copy of said report of January 11, 1919, 
is also attached. 

In addition to the data contained in said reports as to the status of the lands described 
therein, I am informed that the records of the General Land Office show that the 
SE. \ of sec. 33, T. 7 S., R. 6 W., proposed to be reserved for the benefit of the city of 
Dallas, is included in water-power designation No. 14 by departmental order dated 
December 12, 1917, and was included in power-site reserve No. 661 by Executive 
order dated December 12, 1917. The NE.J, N. \ NW. \ sec. 19, NE. \ sec. 27, NW. \ 
NW. i, S. \ NW. |, S. \ NE. I sec. 29, and SE. 1 NW. \, E. £ SW. \, and E. \ sec. 31, 
T. 4 S., R. 5 E., were included in water-power designation No. 14 by departmental 
order dated December 12, 1917, but have not been formally included in a power-site 
reserve. 

It is further shown that H. R. 12770 was reported upon favorably on January 2, 1919, 
by the Committee on the Public Lands, with certain suggestion amendments, and 
ordered printad. So far as the records of this department show, no action was taken 
on H. R. 11550. 

The bill now under consideration, H. R. 8028, is a- consolidation of the provisions 
of said H. R. 12770 and 11550 and embodies all the amendments to the former bills 
suggested by the Secretary of Agriculture and by me. Having in mind the purposes 
intended tc be served by the proposed legislation, I would recommend the same to 
your favorable consideration. 
Cordially, yours, 

F. K. Lane, Secretary. 



Department of the Interior, 

Washington. January 11, 1919. 
Hon. Scott Ferris, 

Chairman Committee on the Public Lands, 

House of Representatives. 

My Dear Mr„Ferris: In response to your request therefor report is made on H. R. 
11550 as follows: 

Said bill, entitled "A bill to reserve as part of the Crater National Forest in Oregon 
certain lands formerly a part of the grant to the Oregon and California Railroad Com- 
pany but revested in the United States in accordance with a decision of the Supreme 
Court of the United States recorded in two hundred and thirty-eighth United States 
Reports, page 393," proposes to add to the Crater National Forest the tracts of land 
therein described for the protection of the water supply of the city of Ashland, Oreg. 

The records of the General Land Office show that the tracts described, the E. ^ 
sec. 19, E. I NW. \, E. \ SW. J, and E \ sec. 21, T. 39 S., R. 1 E., Willamette meridian" 
Oregon, were patented to the Oregon & California Railroad Co. under its gram by the 
act of July 25, 1866 (14 Stat., 239), and title thereto was revested in the United fetate3 
under the provisions of the act of June 9, 1916 (39 Stat., 218). 

All of the tracts revested in the United States were classified as agricultural except 
the SE. \ NE. \ and S. ^ SE. +, sec. 19, which were reported as containing more than 
300,000 feet board measure of timber on each 40-acre subdivision, and were therefore 
classified as timberland. There is some timber on the subdivisions classified as 
agricultural, less than 300,000 feet board measure on each 40-acre subdivision, which is 
reported by the cruisers as being valuable only for posts and cord wood. It is further 
shown that the tracts immediately adjoin the exterior limits of said Crater National 
Forest in said township. 

It also appears from data available in the General Land Office that these tracts are 
located on or immediately adjacent to Ashland Creek and its tributaries 2 or 3 miles 
from the city of Ashland an^l are valuable for watershed protection purposes. It 
would therefore seem to be advisable that they should not be permitted to pass into 
private ownership under the provisions of said act of June 9, 1916, and I would there- 
fore interpose no objection to the reservation proposed by said bill. In this connec- 
tion, however, attention is directed to the fact that the Government must under the 



ADDITIONS TO NATIONAL FOKESTS. 5 

provisions of the act of June 9, 1916. reimburse the railroad company at the rate of 
$2.50 per acre for all the lands taken over by the United States thereunder, and that 
the reservation proposed, by withholding these lands and the timber thereon from 
disposition, will reduce the total proceeds to be received by the Government from the 
sales of such timber or lands prescribed for the revested area. It will also, in the 
event of a surplus remaining from such proceeds after the net amount due the railroad 
companv and the sum paid for accrued taxes have been deducted, necessarily reduce 
the portion of such surplus allotted to the State of Oregon, and materially that which 
Jackson County would receive, which is to be apportioned from the net amount of 
the proceeds from the sales of timber and lands, as well as the amounts to be credited 
from such surplus to the reclamation and general funds as provided in section 10 of 
said act. 

For this reason I believe that the timber shoidd be sold where it can be done with- 
out material damage to the water supply and would therefore recommend that the 
bill be amended by adding thereto a section 2, reading as follows: 

"Sec. 2. That when the Forest Service, Department of Agriculture, finds that mer- 
chantable timber may be sold from the above-described lands without detriment to 
the purity of or depletion of the water supply of Ashland, said Forest Service is hereby 
auth( rized to sell and dispose of to the highest bidder such merchantable timber on 
the lands added to said natirnal forest by section 1 hereof and the entire proceeds of 
such sale shall be deposited in the Treasury of the United States in a special fund 
designated as 'The Oregon and California land-grant fund,' referred to in section 
10 of the said act of June 9, 1916, and be disposed of in the manner therein designated: 
Provided, That in the event any of said lands are eliminated from said forest as not 
necessary for the purposes for which this reservation is made they shall be disposed 
of in the manner provided for by said act of June 9, 1916." 

While no objections are interposed to the general purposes of the bill, the lands 
not necessary for the protection of the water supply of said city of Ashland should 
be excluded from the provisions thereof and be disposed of in the manner prescribed 
by said act of Jvne 9, 1916. It is believed that the Forest Service, Department of 
Agriculture, will be in a position to advise your committee as to what portion, if 
any, of said lands is not necessary for the purposes named. As the administration of 
the national forest is under the jurisdiction of the Secretary of Agriculture, I would 
therefore suggest a reference of the bill to him for specific information as to the area 
necessary for the proposed protection of the water supply of said city of Ashland and 
for such other recommendations as he may deem proper. 

With the amendment above suggested the bill meets with my approval. 
Cordially, yours, 

Alexander T. Vogelsang, 

Acting Secretary. 



Department of the Interior, 

Washington, October 4, 1918. 
Hon. Scott Ferris, 

Chairman Committee on the Public Lands, 

House of Representatives. 

My Dear Mr. Ferris: In response to your request therefor, report is made upon 
H. R. 12770 as follows: 

Said bill, entitled ''A bill to reserve as part of the Oregon and Siuslaw National 
Forests in Oregon certain lands that were revested in the United States pursuant to 
the decision of the Supreme Court of the United States in the case of the Oregon and 
California Railroad Company against The United States," proposes to add to said 
forests certain lands therein described in order to prevent the depletion and contami- 
nation of the water supply of the cities of Corvallis, Dallas, and Oregon City, Oreg. 

The records of the General Land Office show that the tracts described, aggregating 
in area 8,0C8.07 acres, were patented to the Oregon & California Railroad Co. under 
its grant by the act of July 25, 1836 (14 Stat., 239), and title thereto was revested in 
the United States under the provisions of the act of June 9, 1916 (39 Stat.. 218L_ 

The tracts in T. 4 S., R. 5 E., are within the exterior limits of the Oregon National 
Forest, but were not affected by the various proclamations establishing said forest, 
for the reason that they were patented to the railroad company and therefore excepted 
from the terms of the proclamation establishing said forest reservation. The tracts 
in T. 5 S., R. 4 E., adjoin said Oregon National Forest on the west. The tracts in 
T. 7 S., R. 6 W., are about 11 miles east of the eastern line of the Siuslaw National 
Forest boundary, in T. 7 S., R. 8 W., and the tracts in T. 12 S., R. 7 W., are 8 miles 
east of the eastern boundary of said Siuslaw National Forest, in T. 12 S., R. 9 W., Willa- 
mette meridian, Oregon. 



b ADDITIONS TO NATIONAL FORESTS. 

The tracts in T. 4 S., R. 5 E., have not yet been classified with respect to their 
value as timber or agricultural lands under the provisions of section 2 of said act of 
June 9, 1916, but the remainder of said lands, with the exception of a comparatively 
email number of tracts, have been classified as timberlands, each 40-acre subdivision 
or its equivalent containing 300,000 feet, board measure, or more of timber. The 
tracts which were not classified as timberland are also shown to contain some timber, 
but it is not of a merchantable character. The reports of the examiners who classified 
the timbered lands show that they contain approximately 289,591,000 feet, board 
measure, of merchantable timber. The lands described in said bill all form parts of 
the watershed of rivers from which the cities named derive their water supply, and 
it is urged that their inclusion in these forests is necessary in order to prevent pollu- 
tion of the water supplies of these cities. 

It would seem advisable that these lands, on account of their value for watershed 
protection purposes, should not be permitted to pass into private ownership, under 
the act of June 9, 1916, and I would, therefore, interpose no objection to the reservation 
proposed by said bill. In this connection, however, attention is directed to the fact 
that the Government must, under the provisions of said act of June 9, 1916, reimburse 
the railroad company at the rate of $2.50 per acre for all of the lands taken over by 
the United States thereunder and that the reservations proposed by withholding these 
lands and the timber thereon from disposition will reduce the total proceeds to be 
received by the Government from the sales of such timber or lands prescribed for the 
revested area. It will also, in the event of a surplus remaining from such proceeds 
after the net amount due the railroad company and the sum paid for accrued taxes 
have been deducted, necessarily reduce the portion of such surplus allotted to the 
State of Oregon and materially that which the counties in which these lands are 
situated, namely, Clackamas, Polk, and Benton would receive, which is to be appor- 
tioned from the net amount of the proceeds from the sales of timber and lands in the 
respective counties as well as the amounts to be credited from such surplus to the 
reclamation and general funds as provided in section 10 of said act. 

For this reason I believe that the timber should be sold where it can be done without 
material damage to the water supply. I believe that the language on page 3, lines 5, 
6, and 7 of section 2 where it states "after consultation with the water committees of 
the cities of Corvallis, Dallas, and Oregon City, all in the State of Oregon "and the 
works ''of each" on line 9 of said page 3 should be eliminated, for either it means that 
the sales of timber can only be made with the approval of the city authorities of the 
cities named or it means nothing. Doubtless the Forest Service would in any case give 
due consideration to the purposes of the withdrawal in the disposition of the timber. 

While no objections are interposed to the general purposes of the bill, I am not 
entirely satisfied that all the lands described should be added to and made a part of 
said forests. The lands included not necessary for the protection of the water supply 
of the cities named should be excluded from the provisions of this bill and disposed 
of in the manner prescribed by the act of June 9, 1915. 

It is believed that the Forest Service, Department of Agriculture, will be in a posi- 
tion to advise your committee in this last-named particular and as the administration 
of national forests is under the jurisdiction of the Secretary of Agriculture, I would 
suggest a reference of the bill to him for specific information as to the area necessary 
for the proposed protection of the water supply of these cities and for such other 
recommendations as he may deem proper. 

The bill should be amended by adding on page 1, line 3, after the word "That" a 
comma and the words " for the conservation and protection of the water supplies of the 
cities of Corvallis, Dallas, and Oregon City, Oregon/' so as to indicate the purpose for 
which the reservation is made. The word "Forest" in line 1 of tha title of the bill 
should be changed to "Forests," and on page 2, line 9 thereof a comma should be 
inserted between the words "quarter" and "southwest," so as to properly describe 
the lands to be reserved in sec. 15, T. 5 S., R. 4 E., Oregon. 

As amended as herein indicated, the bill meets with my approval. 
Cordially, yours, 

F. K. Lane, Secretary. 



August 13, 1919. 
Hon. N. J. Sinnott 

Chairman Committee on the Public Lands, House of Representatives. 
Dear Mr. Sinnott: Reference is made to your request for a report upon the bill 
(H. R. 802S) to reserve as parts of the Oregon, Siuslaw, and ("rater National Forests in 
Oregon certain lands that were revested in the United States pursuant to the decision 
of the Supreme Court of the United States in the case of the Oregon & California 
Railroad Co. against the United States. 



ADDITIONS TO NATIONAL FORESTS. 7 

The records of the Forest Service indicate that lands proposed for addition to the 
Oregon National Forest (one-third of which lie within the present forest boundary on 
Clackamas River drainage) are in the main rough and rugged mountains, well covered 
with timber, and of the general type best suited for national forest purposes, including 
watershed protection. The timber estimate for the entire area proposed to be added 
to the forest is 206,000,000 feet b. m. The area is 5,720 acres. 

The lands proposed to be added to the Siuslaw National Forest are mountainous 
lands, chiefly valuable for the production of timber and the protection and conserva- 
tion of streainflows. The lands lying in township 7 south, range 6 west, are on the 
drainage of the Rickreal River which runs through the town of Dallas. The lands in 
township 12 south, range 7 west, are on the north and east slopes of Marys Peak, which 
is the highest point in the Coast Range Mountains. The estimated total stand of 
timber on these lands is 114,120,000 feet b. m. The area is 2,400 acres. 

The records of the Forest Service show that the E. | of sec. 19, and E. £ W. J and E. \ 
of sec. 2J., all in T. 39 S., R. 1 E., Willamette meridian, are parts of the watershed of 
Ashland Creek, which flows through the town of Ashland, and upon which the munici- 
pality depends for water and electric power. The Forest Service has already entered 
into an agreement with the city whereby the lands on Ashland Creek which are now 
within the national forest will be administered with a view to protecting the watershed 
from pollution so as to keep pure the water needed by the municipality. This agree- 
ment regulates the kind of timber which may be cut and prohibits the grazing of 
live stock within the present forest area. During the summer of 1914 a drift fence 
was constructed by a local live-stock association, in cooperation with the city of Ash- 
land, along the ridge at the head of Ashland Creek, to prevent cattle drifting onto the 
watershed. One of the principal reasons why grazing is prohibited on the lands now 
within the forest is that considerable water hemlock grows on these lands. This weed 
is poisonous to cattle, and after eating it many have died, and their bodies, remaining 
upon the watershed, contaminated this all-important stream. 

It is noted that the conduit for the city water supply traverses section 21, which is 
proposed to be added, and that section 19, the other addition, is" the head of the drain- 
age of one of the small creeks which flow into Ashland Creek. In response to a tele- 
gram sent tne local forest officers, a report has been received that these areas have been 
classified by the Interior Department under the act of June 9, 1916, and that the 
officers making that classification describe the land as rough and mountainous and 
covered with brush and second-growth timber. The E. \ of sec. 19 contains 3,500,000 
feet b. m. of timber, and the E. \ and E. \ W. \ of sec. 21 are reported as supporting 
1,800,000 feet of low-grade timber. These two tracts adjoin a part of the existing 
national fore?t which, as shown above, is maintained and administered largely with a 
view toward watershed protection for the benefit of the people of Ashland. These 
lands are of the same general character and are chiefly valuable for administration as 
a pirt of the Crater National Forest, particularly the protection of the Ashland 
watershed. 

Section 2 of the bill indicates that the principal purpose of reserving these lands as 
a part of the national forests is for watershed protection of the municipalities named. 
To insure that protection, certain restrictions are provided regarding the sale of 
timber from the lands described in section 1. 

In the opinion of this department, however, it is believed that the bill should be 
more elastic in regard to disposition of timber, so that it could be disposed of under 
the usual regulations prescribed for sales and free use from other national-forest lands 
which have proven satisfactory to other municipal officials. These would permit of 
a more equitable method of handling the timber for the benefit of the local settlers 
and other forest users, if it is found "that the timber may be cut without impairing 
the watershed values, since under the act of June 4, 1897 (30 Stat., 11, 35), sales up 
to $100 stumpage value may be made without advertisement, and free use may be 
allowed settlers and others for firewood, fencing, buildings, mining, prospecting, and 
other domestic uses. Also under the act of August 10, 1912 (37 Stat., 269), mature, 
dead, and down timber mav be sold at actual cost to homestead settlers and farmers 
for their domestic use. These Forest Service regulations have heretofore proven 
adequate upon watersheds needed by other municipalities, and would no doubt be 
just as effective on these lands. 

For that reason it is suggested that the following amendments be made to section 2: 
Strike out the word "sale," in line 18, and substitute the word "cut." Strike out 
of line 21 the words "sell and, " and also the phrase "to the highest^ bidder." 

This department has had considerable experience in the administration of lands 
on watersheds needed by municipalities. At the present time more than 1,200 cities 
and towns obtain water from watersheds within national forests. Many of such 
municipalities have entered into cooperative agreements with the Forest Service. 



8 ADDITIONS TO NATIONAL FORESTS. 

It is believed, therefore, that with the amendments suggested above the bill would 
be entirelv workable and would accomplish what is desired by the municipal officials 
of Corvallis, Dallas, Oregon City, and Ashland. 

For these reasons the department recommends favorable consideration of the meas- 
ure with the proposed amendments. 
Very truly, yours, 

D. F. Houston, Secretary. 



October 30, 1918. 
Hon. Scott Ferris, 

House of Representatives. 

Dear Mr. Ferris: Receipt is acknowledged of your request for a report upon the 
bill (H. R. 12770) to reserve as part of the Oregon and Siuslaw National Forests in 
Oregon certain lands that were revested in the United States pursuant to the decision 
of the Supreme Court of the United States in the case of the Oregon & California Rail- 
road Co. v. The United States, together with such suggestions as this department may 
desire to make. 

Section 1 of this bill is intended to add to the Oregon National Forest and the Siuslaw 
National Forest, in Oregon, certain lands that were revested in the United States 
pursuant to the decision of the Supreme Court of the United States in the case of the 
Oregon & California Railroad Co. v. The United States. 

Referring to the tracts proposed for addition to the Oregon National Forest (one- 
third of which lie within the present forest boundary, on Clackamas River drainage), 
the records of this office indicate that these lands are in the main rough and rugged 
mountains, well covered with timber, and of the general type best suited for national 
forest purposes, including watershed protection. The timber estimate for the entire 
area proposed to be added to the Oregon Forest is 206,000,000 feet board measure. 
The area i3 5,720 acres. 

For the purpose of making the land description clear, it is suggested that two commas 
be inserted in the ninth line of page 2 of this bill, causing it to read as follows: "noith 
half southeast quarter, southwest quarter, and north. " 

In regard to the lands proposed to be added to the Siuslaw National Forest, it appears 
that all of them are mountainous lands, chiefly valuable for the production of timber 
and the protection and conservation of stream flows. The lands lying in township 7 
south, range 6 west, are on the drainage of the Rickreall River which runs through the 
town of Dallas. The lands in township 12 south, range 7 west, are on the north and 
east slopes of Marys Peak, which is the highest point in the Coast Range Mountains. 
The estimated total stand of timber on these lands is 114,120,000 feet b. m. The 
area is 2,400 acres. 

Section 2 of the bill indicates that the principal purpose of reserving these lands as 
a part of the national forests is for watershed protection for the municipalities of 
Corvallis, Dallas, and Oregon City, in the State of Oregon. To insure that protection, 
certain restrictions are provided regarding the sale of timber from the lands described 
in section 1. 

In the opinion of this department, however, it is believed that the bill should be 
more elastic in regard to disposition of the timber, so that it could be disposed of under 
the usual regulations prescribed for sales and free use from other national forest lands. 
These would permit of a more equitable method of handling the timber for the benefit 
of the local settlers and forest users, since under the act of June 4, 1897 (30 Stat., 
11, 35), sales up to $100 stumpage value may be made without advertisement and free 
use may be allowed settlers and others for firewood, fencing, buildings, mining, 
prospecting, and other domestic purposes. Also under the act "of August 10, 1912 
(37 Stat., 269), mature, dead, and down timber may be sold at actual cost to homestead 
settlers and farmers for their domestic use. Forest Service regulations have heretofore 
proven ample upon watersheds needed by other municipalities and would no doubt 
be just as effective on these lands. For that reason it is suggested that section 2 be 
amended by striking out in lines 10 and 11 on page 3 the phrase "to the highest 
bidder, " and by inserting after the word "hereof" in line 12 of page 3 the following: 
"in accordance with the regulations of the Secretary of Agriculture for the national 
forests. " 

It is also suggested that the word "such" in line 13 be stricken out and the word 
"any" substituted in lieu thereof, and that the word "thereof" be inserted after the 
word "axle" in the same line. 

This department has had considerable experience in the administration of lauds 
on watersheds needed by municipalities, and believes that with the amendments 
suggested above the bill would be entirely workable and would accomplish what is 



ADDITIONS TO NATIONAL FORESTS. 9 

desired by the municipal officials of Corvallis, Dallas, and Oregon City. For these 
reasons the department asks your favorable consideration of the measure with the 
proposed amendments. 
Very truly, yours, 

G. I. Christin, 
Acting Secretary Department of Agriculture. 



February 3, 1919. 
Hon. Scott Ferris, 

Chairman Committee on the Public Lands, House of Representatives. 

Dear Mr. Ferris: Receipt is acknowledged of a copy of the bill H. R. 11550, 
which proposes to add to the Crater National Forest in Oregon, certain lands formerly 
a part of the grant to the Oregon & California Railroad Co., but revested in the United 
States in accordance with a decision of the Supreme Court of the United States. 

The lands affected bv the bill are described as follows: E. h sec. 19 and E. £ W. £ 
and E. A of sec. 21, all in T. 39 S., R. 1 E., Willamette meridian. The records of the 
Forest Service show that these lands are a part of the watershed,jof Ashland Creek, 
which flows through the town of Ashland, and upon which the municipality is depend- 
ing for water and electric power. The Forest Service has already entered into an 
agreement with the city whereby the lands on Ashland Creek which are now within 
the national forest will be administered with a view to protecting the watershed from 
pollution so as to keep pure the water needed by the municipality. This agreement 
regulates the kind of timber which may be cut and prohibits the grazing of live stock 
within the present forest area. During the summer of 1914 a drift fence was con- 
structed by a local live-stock association, in cooperation with the city of Ashland, 
along the ridge at the head of Ashland Creek, to prevent cattle drifting onto the 
watershed. One of the principal reasons why grazing is prohibited on the lands now 
within the forest is that considerable water hemlock grows on these lands. This weed 
is poisonous to cattle, and many after eating it have died, and their bodies remaining 
upon the watershed contaminated this all-important stream. 

By reference to the map it is noted that the conduit for the city water supply 
traverses section 21, which is proposed to be added, and that section 19, the other 
addition, is the head of the drainage of one of the small creeks which flow into Ash- 
land Creek. In response to a telegram sent the local forest officers, a report has been 
received that these areas have been classified by the Interior Department under the 
act of June 9, 1916, and that the officers making that classification describe the land 
as rough and mountainous and covered with brush and second-growth timber. The 
E. % sec. 19 contains 3,500,000 feet, board measure, of timber, and the E. \ and E. + 
W. \ of sec. 21 are reported as supporting 1,800,000 feet of low-grade timber. These 
two tracts adjoin a part of the existing national forest, which, as shown above, is 
maintained and administered largely with a view toward watershed protection for 
the benefit of the people of Ashland. These lands are of the same general character 
and are chiefly valuable for administration as a part of the 'Crater National Forest, 
particularly the protection of the Ashland watershed. For these reasons this depart- 
ment recommends favorable consideration of this measure. 
Very truly, yours, 

C. V. Marvin, Acting Secretary. 

The water commission of Corvallis and the city council of the same 
city have agreed in the documents printed below to provide for the 
protection of the areas which will be transferred for the protection 
of the water supply of Corvallis at its own expense. It is understood 
that the other cities will do likewise. 
Whereas a bill is about to be introduced in Congress to set aside as a reserve for the 

protection of the water supply of the city of Corvallis, Oreg., certain portions of the 

Oregon & California grant lands in the watershed of Rock Creek, from which the 

water supply of the city of Corvallis is obtained, and 

Whereas it is vital to the interests of the city of Corvallis, and to the maintenance 
of the water supply of said city, that the said lands and timber be preserved in their 
present condition and protected from fires and other depredations: Therefore be it, 
Resolved by the water commission of said city of Corvallis, in event such lands are set 
aside by act of Congress as a reserve for the protection of the water supply of said city of 
Corvallis, That an adequate patrol be maintained on the said lands during the dry 
season of the year, to the end that fires, and other depredations in such reserve may be 
prevented and that the expense of such patrol be defrayed by the said water com- 
mission. 



10 ADDITIONS TO NATIONAL FORESTS. 

Resolved, That a copy of this resolution be incorporated in the minutes of the water 
commission of the citv of Corvallis, that a copy hereof be furnished to the city council 
of the city of Corvallis, and that a copy hereof be furnished to the Congress of the 
United States through Representative W. C. Hawley. 

I, J. W. Foster, clerk of the water commission of the city of Corvallis, hereby certify 
that the foregoing is a true copy of a resolution adopted at a regular meeting of the 
said water commission of the city of Corvallis, on the 7th day of April, 1919, all of 
the members of said water commission being present. 

[seal.] J. W. Foster, 

Cleric of Water Commission of the city of Corvallis, Oreg. 



Whereas the water commission of the city of Corvallis has, on this date, passed the 

foregoing resolution; 
Whereas a bill is about to be introduced in Congress to set aside as a reserve for the 
protection of the water supply of the city of Corvallis, Oreg., certain portions of 
the Oregon & California grant lands in the watershed of Rock Greek, from which 
the water supply of the city of Corvallis is obtained; and 
Whereas it is vital to the interests of the city of Corvallis, and to the maintenance of 
the water supply of said city, that the said lands and timber be preserved in their 
present condition and protected from fires and other depredations: Therefore be it 
Resolved by the water commission of said city of Corvallis, in event such lands are set 
aside by act of Conjress as a reserve for the -protection of the water supply of said city of 
Corvallis, That an adequate patrol be maintained on the said lands during the dry 
season of the year, to the end that fires and other depredations in such reserve may be 
prevented, and that the expense of such patrol be defrayed by the said water commis- 
sion. 

Resolved, That a copy of this resolution be incorporated in the minutes of the 
water commission of the city of Corvallis, that a copy hereof be furnished to the city 
council of the city of Corvallis, and that a copy hereof be furnished to the Congress 
of the United States through Representative W. C. Hawley. 

Whereas it is the opinion of this council that if said timber is so set aside into a re- 
serve, as recited in said resolution, the same should be patrolled and the cost thereof 
borne by the city of Corvallis: Therefore be it 

Resolved, That this council hereby indorse the foregoing resolution and ratify and 
approve the same. 



State of Oregon, 

County of Benton, City of Corvallis, ss: 

I, A. T. Grugett, municipal judge of the city of Corvallis, Benton County, Oreg., 
and ex -officio clerk of the council of said city, do hereby certify that the foregoing is a 
true and correct copy of a resolution duly adopted by the council of said city at a 
regularly adjourned meeting of said council held April 8, 1919, and that I am the legal 
custodian of the original record thereof. 

In testimony whereof I have hereunto set my hand and the seal of said city this 
April 12, 1919. 

[seal.] A. T. Grugett, Municipal Judge. 

Dean George W. Peavy, of the school of forestry, Oregon State Agri- 
cultural College, makes the following statement of the importance of 
the proposed legislation to the city of Corvallis: 

Oregon State Agricultural College, 

Corvallis, Oreg., October 26, 1918. 
Hon. W. C. Hawley, M. C, 

Washington, D. C. 
My Dear Mr. Hawley: Mr. E. E. Wilson has called my attention to H. R. 12770 
and to the letter of the Secretary of the Interior referring thereto. As you know 
from a conversation we had when I had the pleasure of meeting you during a recent 
visit to Corvallis, I am intensely interested in the Corvallis watershed. I am inti- 
mately acquainted with eveiy acre of forested land on the watershed since I have 
made a very detailed examination of the timber thereon and of the land itself with 
reference to its utility as a city watershed. I am firmly convinced that every acre 



ADDITIONS TO NATIONAL FOKESTS. 11 

of land described in H. R. 12770 as situated in T. 12 S., R. 7 W., sec. 15, S. *, SW. h 
NW. \, SW. i, SW. i, SE. J; sec. 21, SE. £, N. £; sec. 23, SW. \, NW. \, W. i, SW. 
i; sec. 27, all; sec. 35, N. ^; is absolutely essential to the maintenance of the domestic 
water supply of the city of Corvallis. 

It may be assumed that I am qualified to judge concerning the factors which are 
essential to a city water supply derived from a forested watershed since I was edu- 
cated as a professional forester and was employed in the Federal Forest Service for 
five years during which time the major portion of my work was on watershed projects- 
in the State of California. For the past 10 years I have been at the head of the 
school of forestry in the Oregon State College and have, of course, been constantly 
in touch with watershed problems during that time. 

I sincerely trust that through your efforts Congress may grant to the city of Cor- 
vallis lands above described in order that the quality and amount of our present 
water supply may not be impaired. 
Yours, very sincerely, 

Geo. W. Peavy, 
Dean School of Forestry, 

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Gaylord Bros. 

Makers 

Syracuse, N. Y. 

PAT. IAN. 21. 1908 



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